17-15 Amend Sec 1161.03(t) Supplemental Regulations for Specific Uses

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approved by the Director of Law that indemnifies and holds the City harmless from any claims, liability or damages arising from the operation or location of the Outdoor /Seasonal Dining Facility, and shall provide an insurance policy in an amount approved by the Director of Law with the City named as an additional insured. Upon approval of the Outdoor /Seasonal Dining Facility conditional use by the Planning Commission, the Director is authorized to enter into the Use of Public Property Agreement on behalf of the City. B. A barrier on some or all sides of the Outdoor /Seasonal Dining Facility may be required. The Planning Commission will make a determination as to the extent and location of a bander necessary for the Outdoor /Seasonal Dining Facility. Any such barrier shall be in accordance with the Outdoor Dining Design Guidelines. (10) The Outdoor /Seasonal Dining Facility must have adequate illumination during evening hours in accordance with the Outdoor Dining Design Guidelines. All lighting will be designed to minimize the intrusive effect of glare and illumination upon abutting areas, especially residential properties. (I OBuffering with landscaping or fencing of the Outdoor/Seasonal Dining Facility, if the facility is adjacent to residential or sensitive uses, may be required. Buffering requirements will be determined by the Planning Commission and shall be in accordance with the Outdoor Dining Design Guidelines. (12)An Outdoor /Seasonal Dining Facility need not require additional off - street parking unless the Planning Commission determines otherwise, or unless the Outdoor /Seasonal Dining Facility creates an overflow parking problem on adjacent public streets. Should a parking problem arise due to the Outdoor /Seasonal Dining Facility, the Director shall require the Applicant to make provisions for sufficient off - street parking on nearby non - residential properties. (13)Furniture and enclosures located within the Outdoor /Seasonal Dining Facility may not be stored on the public right -of -way and must be removed entirely from the right -of -way between October 31 and March 31. All furniture and fixtures used in an Outdoor /Seasonal Dining Facility in the public right -of -way must be readily removable without damage to the surface of the right -of -way and may only remain in the public right -of -way outside hours of operation with prior approval of the Planning Commission. (14)An Outdoor /Seasonal Dining Facility shall operate only between the hours of 11:00 a.m. and 10:00 p.m. Sunday through Thursday, 11:00 a.m. Friday to 1:00 a.m. Saturday and 11:00 a.m. Saturday to 1:00 a.m. Sunday, only between the months of April through and inclusive of October. The limitations set forth herein, and any additional limitations placed on hours of operation as may be determined by the Planning Commission, are designed to assure adequate peace, quiet and serenity in the evening and morning hours during which residents of the City are entitled to enjoy a period of rest and relaxation without intrusion from the possibilities of excessive noise and activity in adjacent areas.